Legal Question in Criminal Law in Florida

My question is in regards to the Florida Points System. In January 2010 my fiance commited burgulary and was charged with one count of possession of burgulary tools and two counts of burgulary of unoccupied conveyance which totals 29.2 points on the Florida Points System. After being charged with probation and community service he then commited the same crime in December 2010 and was charged with the same charges (one count of possession of burgulary tools and two counts of burgulary of unoccupied conveyance) as well as a violation of probation charge. My question regarding this matter is will his prior charges still be on his record or will it only be his new charges and if his old charges are still on his record with his new charges since it will proceed the 44 points for prison time will his only option be prison time? If so how many possible years will he be sentenced? Is there a possible chance for house arrest or extended probation?


Asked on 1/17/11, 11:51 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

It depends on whether or not his attorney consolidates the charges. Even if the points don't add up, it is likely that the sentencing judge will not be happy with two charges so close in time, especially while a charge was pending. That means that even if he scores no prison, the judge could sentence him up to the max, which in this case is three third degree felonies, or 15 years in prison. He needs to discuss this with his attorney immediately.

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Answered on 1/22/11, 1:47 pm


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